The Government is set to announce whether the Stormont break could be pulled

The government is due to announce later on Monday whether to allow the Stormont break to be pulled following a request by unionist parties in the Northern Ireland Assembly.

The break is part of Northern Ireland’s Brexit deal and gives the Assembly the power to object to changes to EU rules that apply in Northern Ireland.

A Democratic Unionist Party (DUP)’s proposal to pull the brakesThe move, to prevent new EU regulations on packaging and labeling of chemicals from coming into effect, was supported by all eligible Unionist Assembly members in December.

It is up to the government whether the break can be formally imposed or not.

The brakes formed part of an overall package of measures – known as windsor framework – An agreement was reached between the UK and the EU two years ago, aimed at solving post-Brexit trade arrangement problems in Northern Ireland.

The framework is the special Brexit deal that applies to Northern Ireland and means it continues to follow certain EU laws relating to goods.

The break was designed to give Stormont politicians more powers before any revised EU rules take effect in Northern Ireland.

Entire new rules are dealt with under a similar process known as an applicability proposal.

The move by unionist parties ahead of Christmas is being seen as the first test of the system since the return of power-sharing to Stormont almost 12 months ago.

There are restrictions on its use for Assembly members who wish to use the break.

First, this measure can only be used “in the most exceptional circumstances and as a last resort”.

This mechanism cannot also be used for “trivial” reasons and those seeking to remove it must demonstrate that the rule being challenged has a “significant” impact on everyday life in Northern Ireland. It is having an impact.

Unionist parties had a two-month “investigation period” from the publication of the EU legislation to make their request and respond to the government, leading Northern Ireland Secretary Hilary Benn to set a Monday deadline for a decision.

If it is decided that the threshold has not been met, Benn will write to the Speaker of the Northern Ireland Assembly explaining why, and the revised EU law will apply in Northern Ireland.

If the government determines that the conditions have been met, it will formally notify the EU and the new or changed law will not apply.

There will then be “intensive consultation” between the UK and EU on the matter.

The Joint Committee – the UK-EU body responsible for overseeing the Brexit deal – will need to discuss the rule in question.

Once those discussions are finished the UK Government can either send it back to the Assembly for a cross-community vote or decide that the rules should not apply in Northern Ireland.

At that stage, the government could still avoid a Stormont vote if it assessed there were “exceptional circumstances”, including an assessment that the rules would not create a new regulatory border between Great Britain and Northern Ireland.

If the UK decides not to adopt the rule, the EU could take “appropriate remedial measures”, which could include measures to address the fact that NI goods will not fully comply with EU law for a long time. Cannot follow.

When his party tabled a motion in December to have the break pulled, DUP leader Gavin Robinson said the new EU regulation would have a “significant and long-term” impact in Northern Ireland if it comes into effect.

He said it would introduce a number of new requirements for labels attached to chemical products, including new minimum font size and spacing rules, making current labels unusable for most products.

“Critically, these changes will not be required for products marketed in Great Britain,” he said.

Sinn Féin First Minister Michelle O’Neill said that other parties had not been informed of the DUP’s actions and warned that it could potentially cause instability for businesses in Northern Ireland.

Matthew O’Toole, leader of the official opposition at Stormont, described the use of the break as “a stunt”.

“We warned that the so-called Stormont break would be used for blatant partisan purposes and this has been proven,” the Social Democratic and Labor Party assembly member said.

Before the decision, Traditional Unionist Voice leader Jim Allister said his party had “no illusions” about the limits of the break.

He said, “The main effect of this experience will be to demonstrate to ourselves that no self-respecting people can willingly accept such injustice as a long-term arrangement.”

“Unionism needs to step up and unite against this injustice, rather than accepting it.”

By Enda McClafferty, BBC News NI Political Editor

You could call this a make or break moment for Hillary Benn.

If he agrees with the unionists and pulls the Stormont brakes to block EU changes to chemical packaging, he risks damaging relations with Brussels.

It comes a week after the government appointed a senior civil servant to turbocharge the new EU relationship reset.

But if Benn decides that the threshold for pulling the plug has not been met, he will anger some unionists and excite others who regard the Stormont break as nothing more than a gimmick.

In the past such a scenario would have caused a crisis at the heart of Stormont, but not now, as there is no desire to dismantle the institutions.

But, whatever the outcome, the Northern Ireland Secretary is expected to talk up the possibility of a new deal with the EU, obviating the need for any break.